People v. Black

The appellant was convicted of a felony in the superior court for the city and county of San Francisco, and thereafter appealed from the judgment thereon to this court. A hill of exceptions having been settled and filed with the clerk, a demand was made upon that officer in behalf of the appellant to cause copies of the record and bill of exceptions to be printed and transmitted to this court, as provided by section 1246 of the Penal Code, and was refused. The appellant now seeks from this court an order requiring the clerk to comply with his' demand. In answer to the motion the clerk states that his reason for not causing the record to be printed is that at the commencement of the present fiscal year the board of supervisors of said city and county appropriated the sum of two thousand dollars for the printing of transcripts on appeal in criminal cases, and that, as this amount is exhausted, printers have declined to print the transcript, for the reason that the board of supervisors will not pay them therefor.

Section 1246 of the Penal Code requires the clerk, within twenty days after the notice of appeal is filed with him, and the bill of exceptions, if any, has been settled by…